People v. Shamlou CA4/1

Filed 4/11/25 P. v. Shamlou CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083585

Plaintiff and Respondent,

v. (Super. Ct. No. SCD299052)

AFSAR SHAMLOU,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Francis Devaney, Judge. Affirmed with modifications. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina and Genevieve Herbert, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 Afsar Shamlou challenges probation conditions that permit her probation officer to (1) prohibit her from consuming and possessing alcohol, (2) require her to attend self-help meetings for alcohol addiction, and (3) require her to submit to alcohol testing. The conditions also prohibit her from being in a place where alcohol is the main item sold. We conclude the conditions are unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent) and must be stricken. FACTUAL AND PROCEDURAL BACKGROUND In 2018, Nancy Y. suffered a stroke and had to move from her home to an assisted living facility. She was 86 years old and had lived in her home for almost 40 years. After the stroke, the property taxes on her home fell into arrears because she incorrectly believed they could be paid from her estate after she died. In 2018 or 2019, Nancy’s nephew, Maurice Y., learned about the delinquent taxes and began making some of the required payments on her behalf. In early 2021, he went to make a property tax payment and learned that someone else had paid them in full. Tax records indicated Shamlou made the payments. After learning the taxes had been paid, Maurice and his cousin Michael A. went to their aunt’s home to check on it. Shamlou’s car was parked in the driveway when they arrived. “No trespassing” signs had been posted in the yard. Security cameras had been installed where they had not been before, and the front door was wide open. Shamlou came out of the house through